Q&A Initiating action quickly when faced with an urgent issue

Strata Disputes
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Question

Question: What specific steps can a council legally take to initiate action quickly when faced with an urgent issue, and what are the potential risks of using these expedited procedures instead of the standard process?

Answer

Answer: Get your fellow lot owners and council members to take action and make decisions.

The body of the presentation provides the specific rules for each state. Take the most urgent circumstances, such as when there is literally a crane transporting pallets over your swimming pool. Generally, you should get the council together to make a decision to commence proceedings and authorise the expenditure.

In advance of that meeting, contact as many lot owners as you can and invite them to attend. Involve as many people as possible. Engage the lawyers. With the assistance of your strata manager, get the ratification process going.

Show that you’ve acted in good faith, typically without negligence, and acting without negligence means getting legal advice as quickly as possible. Get your fellow lot owners and council members to take action and make decisions.

This article by Queensland Partner Michael Kleinschmidt first appeared in June 2025 edition of The QLD Strata Magazine from LookUpStrata Pty Ltd.
© Bugden Allen Group Legal Pty Ltd. This is general information only and not legal advice. You should not rely on this information without seeking legal advice tailored to your specific circumstances.

Michael Kleinschmidt

Partner

Michael Kleinschmidt has specialized in strata law for over 20 years. After admission in Queensland in March 1999, Michael began work establishing a property and strata practice in Brisbane, firstly in respected boutique firms, then as a partner in national and international firms.

After moving back to the Sunshine Coast to raise his family, Michael established his own firm, Stratum Legal Pty Ltd, assembling respected lawyers and talented staff. When the opportunity arose in early 2023 to join forces with Bugden Allen, Michael and his team came on board as part of the Queensland team.

Michael is a fellow of the Australian College of Strata Lawyers (ACSL) and currently serves as President of its Council, effective 1 July 2025.

He is also a member of the Legal Panel of the Australian Resident Accommodation Managers Association (Qld).

Michael has been a long-time member of Strata Community Australia (Qld) and is presently a member of the Professional Standards Committee.

Michael holds both a Bachelor and Masters in Law from the University of Queensland, and a Graduate Diploma in Urban and Regional Planning from the University of New England.

Michael writes on practical strata subjects for a variety of trade publications and websites, regularly presents to industry groups and is an active contributor to strata law reform.

Michael is also a member of the Commissioner for Body Corporate and Community Management (Queensland) Stakeholders’ Group and the Attorney General’s Community titles Legislation Working Group, in each case representing ACSL.

Across his years of practice, Michael has acted for almost all of the different stakeholder groups (occupiers, owners, bodies corporate, management rights’ operators, banks, body corporate managers, property developers and utilities providers) in almost every conceivable strata matter type ranging from structuring duplexes to 400-lot island resorts, litigating leaking roofs before departmental adjudicators through to appealing novel points of strata law to the Queensland Court of Appeal.

Michael Kleinschmidt

Michael Kleinschmidt

Partner

Michael Kleinschmidt has specialized in strata law for over 20 years. After admission in Queensland in March 1999, Michael began work establishing a property and strata practice in Brisbane, firstly in respected boutique firms, then as a partner in national and international firms. After moving back to the Sunshine Coast...

View profile of Michael Kleinschmidt
Written by Michael Kleinschmidt
Partner

Michael Kleinschmidt has specialized in strata law for over 20 years. After admission in Queensland in March 1999, Michael began work establishing a property and strata practice in Brisbane, firstly in respected boutique firms, then as a partner in national and international firms.

After moving back to the Sunshine Coast to raise his family, Michael established his own firm, Stratum Legal Pty Ltd, assembling respected lawyers and talented staff. When the opportunity arose in early 2023 to join forces with Bugden Allen, Michael and his team came on board as part of the Queensland team.

Michael is a fellow of the Australian College of Strata Lawyers (ACSL) and currently serves as President of its Council, effective 1 July 2025.

He is also a member of the Legal Panel of the Australian Resident Accommodation Managers Association (Qld).

Michael has been a long-time member of Strata Community Australia (Qld) and is presently a member of the Professional Standards Committee.

Michael holds both a Bachelor and Masters in Law from the University of Queensland, and a Graduate Diploma in Urban and Regional Planning from the University of New England.

Michael writes on practical strata subjects for a variety of trade publications and websites, regularly presents to industry groups and is an active contributor to strata law reform.

Michael is also a member of the Commissioner for Body Corporate and Community Management (Queensland) Stakeholders’ Group and the Attorney General’s Community titles Legislation Working Group, in each case representing ACSL.

Across his years of practice, Michael has acted for almost all of the different stakeholder groups (occupiers, owners, bodies corporate, management rights’ operators, banks, body corporate managers, property developers and utilities providers) in almost every conceivable strata matter type ranging from structuring duplexes to 400-lot island resorts, litigating leaking roofs before departmental adjudicators through to appealing novel points of strata law to the Queensland Court of Appeal.

Michael Kleinschmidt
Written by Michael Kleinschmidt Partner

Michael Kleinschmidt has specialized in strata law for over 20 years. After admission in Queensland in March 1999, Michael began work establishing a property and strata...

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